PAW IN HAND ANIMAL SERVICES LTD.
RELEASE OF LIABILITY, WAIVER OF CLAIMS ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY!
This Agreement shall apply to all subsequent dealings with Paw in Hand Animal Services Ltd.
I HAVE BEEN OFFERED A COPY OF THIS RELEASE AGREEMENT AND I HAVE BEEN ADVISED TO READ IT CAREFULLY!
To: PAW IN HAND ANIMAL SERVICES LTD. (“Paw in Hand”), HER MAJESTY THE QUEEN IN RIGHT IN THE PROVINCE OF BRITISH COLUMBIA, and the principles, directors, shareholders, officers, employees, agents, instructors, facility owners, representatives, successors and assigns of Paw in Hand (hereinafter collectively referred to as the “Releasees”).
ASSUMPTION OF RISKS
I am aware that participating in any Paw in Hand sessions, such as dog training and/or behaviour modification sessions, individual sessions, board and training sessions, presentations or other educational sessions for dogs or their owners (hereinafter collectively referred to as the “Sessions”) may be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH of myself and/or my dog. I acknowledge and accept that the Releasees may fail to predict whether an accident may occur. I acknowledge and accept that participation in the Sessions involves many risks, dangers and hazards including, but not limited to: injuries or other harmful contact or illness arising from interaction with any of the dogs participating in the Sessions or otherwise, negligence, carelessness and misjudgments of participants and staff of Paw in Hand, including failing to follow proper dog handling procedures, negligent administration of first aid; the failure of structures and equipment, the forces of nature, predictable and unpredictable, including, but not limited to, inclement weather and NEGLIGENCE ON THE PART OF THE RELEASEES INCLUDING THE FAILURE OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF THE SESSIONS.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE SESSIONS AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
DOG BEHAVIOR AND HEALTH
I declare that my dog is suitable to participate in Paw in Hand sessions meaning that my dog has never seriously injured another dog or human and is in good health, is parasite free, has not been ill with a communicable condition within the past 30 days and is under the regular care of a veterinarian. I understand that I am responsible for ensuring my dog receives all recommended vaccinations, Bordetella for kennel cough, flea preventative, parasite control and any and all other treatments as may be recommended by my veterinarian. I further declare that any and all behavioural concerns and issues of my dog have been fully disclosed to Paw in Hand and will continue to be disclosed to Paw in Hand should any new concerns or issues arise. I understand and acknowledge that Paw in Hand has the right to refuse service to me or my dog at any time and for any reason, including but not limited to behaviour (past or present), age, health or general disposition. I understand and acknowledge that my dog may be in the company and environment of other dogs and this may involve risks regarding the contraction of illness. I agree to indemnify and hold harmless Paw in Hand for any claims in the event my dog contracts any illness.
RESPONSIBILITY AND WAIVER OF DAMAGE
I understand and acknowledge that I am solely responsible for the actions of my dog and myself at all times when participating in the Sessions. I acknowledge and agree that my dog’s behaviour now and in the future is solely my responsibility. I agree to indemnify and hold harmless Paw in Hand for any claims relating to any and all claims relating to damage caused by my dog as a result of its behaviour, actions or otherwise.
I understand and acknowledge that the training outcome of participation in any of the Paw in Hand sessions cannot be guaranteed. I further, understand and acknowledge that the degree to which a dog can be successfully trained is in part a function of the interest, commitment and cooperation of me, as the owner and that there is no guarantee that my dog will achieve the desired level of training.
I grant Paw in Hand the right to photograph, record, and/or videotape me and/or my child or ward and/or my dog and further to display, edit, use and/or otherwise exploit my or my child’s or ward’s or dog’s name, face, likeness, activity results, voice, and appearance in all media whether now known or hereafter devised (including, without limitation, in computer or other device applications, online webcasts, television programming, in motion pictures, films, brochures, newspapers and magazines) and in all forms including, without limitation, digitized imagines or video, whether for advertising, publicity, or promotional purposes, including, without limitation, publication, without compensation, residual obligations, reservation or limitation, or further approval, and I agree to indemnify and hold harmless Paw in Hand for any claims associated with such grant and right to use. Paw in Hand is however, under no obligation to exercise any rights granted herein.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing my participation in the Sessions provided, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in the Sessions, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c.337,ON THE PART OF THE RELEASES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE SESSIONS REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my participation in the Sessions including travelling to any location where the Sessions will be held;
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
- This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
- Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releases with respect to the safety of the Sessions other than what is set forth in this Agreement.
This Agreement shall apply to all subsequent participation in the Sessions.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASES.
Where the participant is a minor, an adult parent of the participant shall sign for them and by signing, they acknowledge that the waivers, releases and indemnities contained in this Agreement shall apply to the maximum extent allowed by law to the minor participant.
Signed this day of October 21, 2018.